The highest court in Massachusetts has ruled against a challenge to the commonwealth’s franchise law by an out of state importer. The importer was terminated by its supplier and it sought protection under the Massachusetts franchise law. However, importers are defined under section 18B of the MA code while wholesalers are under a different part…Read More
Massachusetts Supreme Judicial Court Rejects Constitutional Challenge to State Franchise Law
August 13, 2024 All
Texas District Court Strikes Down Federal Regulation on Home Distilling
July 12, 2024 All
I learn something new every day. Apparently, when Congress passed the law (26 USC 5178(a)(1)(B)) to prohibit home distilling in 1868 they violated their authority under the Taxing Clause and the Commerce Clause of the United States Constitution. At least that is what a district court in Texas has just found in striking the law…Read More
Tennessee Is Latest State to Use 21st Amendment Enforcement Act to Try to Rein in Illegal Alcohol Shipping
May 30, 2024 All
The state of Tennessee has reached a consent order with five out of state alcohol vendors who were illegally shipping alcohol into the state of Tennessee. These five companies paid fines totaling over $50,000. As part of investigations, the Tennessee Alcoholic Beverage Commission purchased alcohol from each of the companies. Despite being warned that these…Read More
Briefing Complete in 3rd Circuit for Out of State Retailer Challenge to NJ Delivery Law.
May 9, 2024 21st Amendment All
Briefing has been completed for the 3rd Circuit on the appeal by an out of state retailer to their loss at the district court level alleging that NJ law violates the dormant commerce clause because it does not allow out of state retailers to do things that NJ retailers may be able to do. The…Read More
Briefing Complete for 9th Circuit Review of Arizona Retailer Laws
April 12, 2024 All
The briefing is complete for the 9th Circuit on the dormant Commerce Clause challenge by two wine aficionados to Arizona laws on wine retailing. After the Arizona District Court upheld the state law, an appeal was filed. The state of Arizona has filed its response brief and and a brief was filed by the intervening defendant-appellee Wine…Read More
